HomeMy WebLinkAboutResolution - 5849 - Contract - The Thomas Agency - Professional Advertising Services - 05_14_1998RESOLUTION NO. 5849
Item No. 19
May 14, 1998
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for advertising
services, by and between the City of Lubbock and The Thomas Agency, for professional
advertising services, and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this j 4thday of _ May 1998.
I 11"Pa, " �"'. i 111111 /
9r,
t D +' 0 '
ATTEST:-
Ka i Darnell
city cretary
APPROVi4v
TO CONTENT:
�
T# P vett
Corporate Communications Manager
APPROVED AS TO FORM:
William de Haas
Municipal Contracts Attorney
Ccdocs/Advertising Agency Contract Resolution
May 14, 1998
RESOLUTION NO. 5849
Item No. 19
May 14, 1998
ADVERTISING AGENCY CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, (the Contract"), effective as of May 14 , 1998, (the
"Effective Date"), is made by and between the City of Lubbock, (the "City"), a municipal
corporation, and The Thomas Agency, An Advertising and Design Firm, (the
Contractor").
WITNESSETH
WHEREAS, the City of Lubbock desires professional advertising services; and
WHEREAS, The Thomas Agency is qualified and desires to provide advertising
services to the City of Lubbock; and
NOW THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
SECTION I. TERM
The term of this Contract shall be from the Effective Date hereof for one (1) year,
with the option to extend said Contract for two (2) additional one (1) year terms by
mutual written agreement of the parties executed at least thirty (30) days prior to
expiration of the prior term.
SECTION II. COMPENSATION
City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00).
In addition, City shall reimburse Contractor for media costs incurred by Contractor. The
Contractor shall forego all media commissions and will pass through all media discounts
to the City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 1
SECTION III. TERMINATION
City may terminate this Contract at any time during the above term upon thirty
(30) days notice to Contractor. City shall not be liable to Contractor for costs incurred
after the effective date of termination.
SECTION IV. WARRANTIES AND REPRESENTATIONS
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract constitutes legal, valid, and
binding obligations of the Contractor and is enforceable in accordance with the terms
thereof.
D. Contractor. Contractor maintains a professional staff and employs, as needed,
other qualified specialists experienced in providing advertising services, and are familiar
with all laws, rules, and regulations, both state and federal, including, without limitation
the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by
this Contract in a good and workmanlike manner, and comply with all laws, rules, and
regulations, both state and federal, relating to advertising services, as contemplated
hereby. If any of the activities of the Contractor, or omissions of the activities required
herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be
deemed that the Contractor did not perform said activities (or omitted the performance of
said activities) in a good and workmanlike manner.
SECTION V. SCOPE OF SERVICE
A. General. Contractor shall provide, on an as needed basis, City with advertising
services to assist with the City's year -long print advertising campaign to reach all
permanent Lubbock residents through a series of full page ads in selected publications.
B. Contractor Duties. Contractor shall advise City on which publications the City
should run its advertising in, advise City on the content and design of the advertising,
select the media and place the buy, and handle the billing.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 2
SECTION VI. INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the advertising services are to be performed.
SECTION VII. COMPLIANCE WITH APPLICABLE LAW
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and any amendments thereto.
SECTION VIII. NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall be effective on the
third business day after such notice is so deposited.
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
The Thomas Agency
Attn: Ron Thomas
P.O. Box 53776
Lubbock, Texas 79453
Telephone: (806) 795-6399
Facsimile: (806) 795-7366
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: Tony Privett
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2280
Facsimile: (806) 775-3258
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 3
B. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
SECTION IX. MISCELLANEOUS
A. Captions. The captions to the sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any effect when construing this -Contract.
B. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
C. Audit. Contractor shall provide access to its corporate books and records to the
City. The City may audit, at its expense and during normal business hours, Contractor's
books and records with respect to this Contract between the Contractor and City.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City. This Contract binds and inures to the benefit of the City,
Contractor, and their respective successors, legal representatives, and assigns.
E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS CONTEMPLATED HEREBY.
F. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
G. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 4
H. Entire Agreement. This Contract hereto contains the Entire Contract between
the City and Contractor, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
IN WITNESS WHEREOF, the parties to these presents have executed this
Contract the day and year as first written above.
CITY OF LUBBOCK:
ATTEST:
/01-)
jj
Ku Darnell
Ci S cretary
APPROVED AS TO CONTENT:
Tc&qrivftt
Corporate Communications Manager
APPROVED AS TO FORM:
William de Haas
Municipal Contracts Attorney
THE THOMAS AGENCY
Title: 16F'-'r
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 5
RESOLUTION NO. 5849
Item No. 19
May 14, 1998
ADVERTISING AGENCY CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, (the Contract"), effective as of may 14 , 1998, (the
"Effective Date"), is made by and between the City of Lubbock, (the "City"), a municipal
corporation. and The Thomas Agency, An Advertising and Design Firm. (the
Contractor").
WITNESSETH
WHEREAS, the City of Lubbock desires professional advertising services; and
WHEREAS, The Thomas Agency is qualified and desires to provide advertising
services to the City of Lubbock; and
NOW THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
SECTION I. TERM
The term of this Contract shall be from the Effective Date hereof for one (1) year,
with the option to extend said Contract for two (2) additional one (1) year terms by
mutual written agreement of the parties executed at least thirty (30) days prior to
expiration of the prior term.
SECTION II. COMPENSATION
City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00).
In addition. City shall reimburse Contractor for media costs incurred by Contractor. The
Contractor shall forego all media commissions and will pass through all media discounts
to the City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 1 -
ITEM 1 �,
7J,
SECTION III. TERMINATION
City may terminate this Contract at any time during the above term upon thirty
(30) days notice to Contractor. City shall not be liable to Contractor for costs incurred
after the effective date of termination.
SECTION IV. WARRANTIES AND REPRESENTATIONS
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract constitutes legal, valid, and
binding obligations of the Contractor and is enforceable in accordance with the terms
thereof.
D. Contractor. Contractor maintains a professional staff and employs, as needed,
other qualified specialists experienced in providing advertising services, and are familiar
with all laws, rules, and regulations, both state and federal, including, without limitation
the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by
this Contract in a good and workmanlike manner, and comply with all laws, rules, and
regulations, both state and federal, relating to advertising services, as contemplated
hereby. If any of the activities of the Contractor, or omissions of the activities required
herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be
deemed that the Contractor did not perform said activities (or omitted the performance of
said activities) in a good and workmanlike manner.
SECTION V. SCOPE OF SERVICE
A. General. Contractor shall provide, on an as needed basis. City with advertising
services to assist with the City's year -long print advertising campaign to reach all
permanent Lubbock residents through a series of full page ads in selected publications.
B. Contractor Duties. Contractor shall advise City on which publications the City
-�, should run its advertising in, advise City on the content and design of the advertising,
select the media and place the buy, and handle the billing.
Advertising Services Contract. City of Lubbock & The Thomas Agency
Page 2
SECTION VI. INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the advertising services are to be performed.
SECTION VII. COMPLIANCE WITH APPLICABLE LAW
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and any amendments thereto.
SECTION VIII. NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall be effective on the
third business day after such notice is so deposited.
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
The Thomas Agency
Attn: Ron Thomas
P.O. Box 53776
Lubbock, Texas 79453
Telephone: (806) 795-6399
Facsimile: (806) 795-7366
are:
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: Tony Privett
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2280
Facsimile: (806) 775-3258
Advertising Services Contract, City of Lubbock &: The Thomas Agency
Page 3
B. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
SECTION IX. MISCELLANEOUS
A. Captions. The captions to the sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any effect when construing this Contract.
B. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
C. Audit. Contractor shall provide access to its corporate books and records to the
City. The City may audit, at its expense and during normal business hours, Contractor's
books and records with respect to this Contract between the Contractor and City.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City. This Contract binds and inures to the benefit of the City,
Contractor, and their respective successors, legal representatives, and assigns.
E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS CONTEMPLATED HEREBY.
F. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
G. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
Advertising Services Contract. City of Lubbock & The Thomas Agency
Page 4
..� H. Entire Agreement. This Contract hereto contains the Entire Contract between
the City and Contractor, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
IN WITNESS WHEREOF, the parties to these presents have executed this
Contract the day and year as first written above.
CITY OF LUBBOCK: THE THOMAS AGENCY
r
By:/
WINDY SI ON, MAYOR
Title: S IDC"rr
ATTEST:
APPROVED AS TO CONTENT:
, , h� -
T riv tt
Corporate Communications Manager
APPROVED AS TO FORM:
William de Haas
�.-.� Municipal Contracts Attorney
Advertising Services Contract. City of Lubbock & The Thomas Agency
Page 5
ADVERTISING AGENCY CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS CONTRACT, (the Contract'), effective as April 22, 1999, (the "Effective
Date"), is made by and between the City of Lubbock, (the "City"), a municipal
corporation, and The Thomas Agency, An Advertising and Design Firm, (the
Contractor").
WITNESSETH
WHEREAS, the City of Lubbock desires professional advertising services; and
WHEREAS, The Thomas Agency is qualified and desires to provide advertising
services to the City of Lubbock; and
NOW THEREFORE, in consideration of the promises contained herein, the
parties hereto agree as follows:
SECTION I. TERM
The term of this Contract shall be from the Effective Date hereof for one (1) year,
with the option to extend said Contract for two (2) additional one (1) year terms by
mutual written agreement of the parties executed at least thirty (30) days prior to
expiration of the prior term.
SECTION II. COMPENSATION
City shall pay the Contractor an hourly fee of Fifty and no/100 Dollars ($50.00).
In addition, City shall reimburse Contractor for media costs incurred by Contractor. The
Contractor shall forego all media commissions and will pass through all media discounts
to the City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 1
SECTION III. TERMINATION
City may terminate this Contract at any time during the above term upon thirty
(30) days notice to Contractor. City shall not be liable to Contractor for costs incurred
after the effective date of termination.
SECTION IV. WARRANTIES AND REPRESENTATIONS
A. Existence. Contractor is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the
activities contemplated hereby have been duly and validly authorized by all the requisite
corporate action on the part of the Contractor. This Contract constitutes legal, valid, and
binding obligations of the Contractor and is enforceable in accordance with the terms
thereof.
D. Contractor. Contractor maintains a professional staff and employs, as needed,
other qualified specialists experienced in providing advertising services, and are familiar
with all laws, rules, and regulations, both state and federal, including, without limitation
the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by
this Contract in a good and workmanlike manner, and comply with all laws, rules, and
regulations, both state and federal, relating to advertising services, as contemplated
hereby. If any of the activities of the Contractor, or omissions of the activities required
herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be
deemed that the Contractor did not perform said activities (or omitted the performance of
said activities) in a good and workmanlike manner.
SECTION V. SCOPE OF SERVICE
A. General. Contractor shall provide, on an as needed basis, City with advertising
services to assist with the City's year -long print advertising campaign to reach all
permanent Lubbock residents through a series of full page ads in selected publications.
Contractor also shall provide, on an as needed basis, general advertising services to assist
the City with various public campaigns such as police recruiting, traffic safety and
recycling.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 2
B. Contractor Duties. Contractor shall advise City on which publications the City
should run its advertising in, advise City on the content and design of the advertising,
select the media and place the buy, and handle the billing.
SECTION VI. INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the advertising services are to be performed.
SECTION VII. COMPLIANCE WITH APPLICABLE LAW
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and any amendments thereto.
SECTION VIII. NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall be effective on the
third business day after such notice is so deposited.
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
are:
The Thomas Agency
Attn: Ron Thomas
P.O. Box 53776
Lubbock, Texas 79453
Telephone: (806) 795-6399
Facsimile: (806) 795-7366
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: Tony Privett
P. O. Box 2000
1625 13th Street
Lubbock, Texas79457
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 3
Telephone: (806) 775-2280
Facsimile: (806) 775-3258
B. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
SECTION IX. MISCELLANEOUS
A. Captions. The captions to the sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any effect when construing this Contract.
B. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
C. Audit. Contractor shall provide access to its corporate books and records to the
City. The City may audit, at its expense and during normal business hours, Contractor's
books and records with respect to this Contract between the Contractor and City.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City. This Contract binds and inures to the benefit of the City,
Contractor, and their respective successors, legal representatives, and assigns.
E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS CONTEMPLATED HEREBY.
F. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the remainder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
G. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 4
H. Entire Agreement. This Contract hereto contains the Entire Contract between
the City and Contractor, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK:
ATTEST:'-
'KayflKi Darnell
City 9dcretary
APPROVED AS TO CONTENT:
To riv
Corporate ommunications Manager
APPROVED AS TO FORM:
A /V-r�
William de Haas
Competition and Contracts Manager
THE THOMAS AGENCY
Advertising Services Contract, City of Lubbock & The Thomas Agency
Page 5